File I-130 while in US?

[sina_pooh 0]

My husband EWId. I wanted to know if I can start the I-130 process while he's still here in the U.S?

[Deputy Purple 1,294]

He is not eligible to AOS within the US unless he entered legally.

You can file the papers & such but he will have to return to his country for the embassy interview.

Edited May 14, 2010 by Bob 4 Anna

[Bernie C 24]

EWLD = Exploring the World of Lucid Dreaming

I don't know of any reason why the I-130 Petition can not be started while your husband is here visiting.

[Deputy Purple 1,294]

EWLD = Exploring the World of Lucid Dreaming

Actually, Entered Without Inspection 'd... Illegal Entry

[pushbrk 12,569]

Actually, Entered Without Inspection 'd... Illegal Entry

Filing an I-130 while he's here would require you sign a petition indicating he's here and that he entered illegally. Not a good idea to testify against him or to lie on an immigration form. Those are your two choices. EWI is a serious crime with consequences.

[Darnell 8,478]

*** moving to IR-1 / CR-1 Spouse Visa Process & Procedures forum ***

Edited May 15, 2010 by Darnell

[sina_pooh 0]

Filing an I-130 while he's here would require you sign a petition indicating he's here and that he entered illegally. Not a good idea to testify against him or to lie on an immigration form. Those are your two choices. EWI is a serious crime with consequences.

thanks for the advice. but if i send the petition identifying that he's here in the U.S., cause i really want to do the right thing so i don't draw attention to myself, would that trigger deportation?

[belinda63 3,022]

Well since he EWI he must at some point prior to the medical and interview return home. There is no way around this. So you can by filing the I-130 while he is here risk him being located and deported (with a ban depending how long he has been here which requires a waiver) or you can suck it up and have him leave now, hopefully without getting caught, and file the I-130 after he is gone.